ACCESS TO JUSTICE LISA L. BHANSALI Sr. Public Sector Management Specialist LACPREM ELEMENTS OF JUDICIAL REFORM CORE COURSE ON LEGAL & JUDICIAL REFORM JANUARY 11-14, 2005

Access to Justice Movement 1960s: Arose in era welfare state and growing rights consciousness Criticized for being too narrowly directed at procedural access, rather than substantive justice Rights-based approach (Univ. Declaration, ICCPR, Econ., Social & Cultural rights) Access to Justice Movement

Three Waves of Reform 1.Legal aid + advice to the poor 2.Class actions and public interest litigation (e.g. street dwellers in India) 3.Broad, systemic reform social justice

Access to Justice A right to legal representation/assistance ADR movement (US-led) case management (delays) Mediation or arbitration (who? cost?, criteria? monitoring?) ADR in family disputes? Community violence? Chambers of Commerce?

New approaches to Access to Justice Critics argued that access to justice reform has focused too much on procedures and courts Today’s reformers want to affect social outcomes --Pro se --Public legal education and human rights --De judicializing --Focus on supply and change management

Administration of Justice in Peru Much of Peru’s territory lacks services of the State, among them, justice. The justice sector’s institutions are largely concentrated in urban centers, limiting access to huge numbers in rural and economically disadvantaged populations. Administration of Justice in Peru

Basic Justice Module Decentralization concept Located in marginal, urban communities and rural areas Agencies housed together for integral services

Basic Justice Module Distribution

Service Delivery in Justice Modules Separate administrative from judicial functions Internal regulations require coordination among actors Represented agencies of the sector: –Judiciary (Specialized judges and justices of the peace) –Public prosecutor (provincial and adjunct prosecutors) –Ministry of Justice (Legal and public defender and conciliation centers) –Social workers\ translators

Legal Aid Centers – ALEGRA (Asistencia Legal Gratuita) Bank not financing legal aid itself Support for more functional service delivery oriented at poor clients Builds on the Colombia experience with “ Casas de Justicia ”

Colombia Casa de Justicia Since 1995 with positive results, user satisfaction and institutional commitment Formal and informal (non- state) services Peace culture Permits wider coverage of agencies Involves the community in the problem solving Uses ADR Public education in human rights

Diagnostic Tool For Assessing Gender Disparity in Judicial Services

Purpose of the Gender Assessment Overall Objective –Evaluate gender equity issues relevant for strengthening the effectiveness of judicial organizations and enhancing access to justice in Peru Specific Objective –Identify critical areas where gender- responsive actions are likely to enhance project effectiveness Purpose of the Gender Assessment

Legal Framework International Conventions 1992 Convention for the Discrimination of all forms of discrimination against women (Optional 1999 Protocol) 1994 Inter-American Convention to Prevent, Sanction and Eradicate Violence against women Constitution General Legislation: Criminal and Civil Codes Special Legislation: Laws No , 26763, (on Family Violence) Law (on Conciliation) Supreme Decree No JUS.

Caseload of family courts

Most common cases in Family Courts 46% of the cases were about marital separation; however, the data does not tell us whether the separation was by mutual consent or not. 6% of the cases were about family violence, coming on appeal from the peace judges jurisdiction (despite the fact that family courts also have first instance jurisdiction on this matter).

Child Support:Barriers to Access Procedural barriers to effective justice: –Hearings are frequently adjourned causing parties loss of time and attorneys’ fees. –Enforcement is a major problem and custodial parents cannot pursue the additional procedures to collect child support.

In general, men and women prefer the peace judges system, which enjoys considerable cultural legitimacy. However, in cases of violence and family related issues, women are increasingly more vocal about their dissatisfaction. Cultural legitimacy and gender equality - Barriers

Initial Response to Users’ Demands

Outcomes of Family Violence Cases

Access to Justice: Some Bank Projects Chile Capacity Building for Legal Practitioners (IDF) --design curriculum for international law and women's human rights; --clincial program to write legal briefs and participate in moot court exercises; and --creation of a web-based exchange for information sharing and technical assistance. Strengthening Uruguay's Justice institutions for equitable Developement (IDF) --Development of strategic framework --Multidisciplinary training for judges, state attorneys, public defenders, academia, lawyers, --Focus on gender-based violence Ecuador Law and Justice for the Poor (JSDF) --Indigenous dispute resolution and applicable legal framework --Peace culture (training program in elementary schools) --ADR --Public Defense Service, including bar association and law schools